Re Hearing - Law Dictionary Search Results
Home Dictionary Name: re hearing Page 1 of about 32 results (0.004 seconds)Re-hearing
Re-hearing. See APPEAL....
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Liquidation expenses principle
Liquidation expenses principle, is a statement of how, in general, the court will exercise its discretion in a common form set of circumstances, Lundy Granite Co. (in re:); Heavan Ex parte, (1871) LR 6 Ch. App 462; see also Oak Pits Colliery Co. (in re:), (1882) 21 Ch D 322....
ex parte
ex parte [Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ex parte] used in citations to indicate the party seeking judicial relief in a case [Ex Parte Jones, 7 U.S. 2 (1866)] compare in re, inter partes ...
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
inter partes
inter partes [Latin] : between the parties [a consent decree is not simply a contract inter partes, unlike a settlement] ;specif : having or involving adverse parties [an issue of an invalid application may also arise in inter partes proceedings where an adversary raises the issue "In re Compagnie Generale Maritime, 993 F.2d 841 (1993) (dissent)"] compare ex parte ...
Defeasance
Defeasance, is a provision which limits or defeats the operation of the Bill, Blaiberg v. Beckett, (1886) 16 QBD 96 (101) (CA) (UK).Ordinarily denotes a provision which defeats the operation of a deed but is contained in some other deed or document, as opposed to being a term of the deed itself, Storey, Ex parte Popplewell (in re:), (1888) 21 Ch D 73 (81) (CA) (UK)....
Herald
Herald [fr. here, Sax., an army, and heald, a champion; herault, heraut, Fr.; herald, Ger.; araldo, Ital.; because it was part of his office to charge or challenge unto battle or combat], an officer who registers genealogies, adjusts ensigns armorial, regulates funerals, and carries messages between princes, and proclaims war and peace. Heralds were anciently called Dukes at Arms, probably from the Latin ducere ad arma; because the conducting of affairs concerning peace and war devolved upon them, their office being to carry messages to the enemy, and to proclaim war and peace. Hence the persons of heralds were deemed sacred by the law of nations, and were received and protected by belligerent powers, as flags of truce are in the present day. The three chief heralds are called Kings of Arms; of whom (1) Garter is the principal, instituted by Henry V. His office is to attend the Knights of the Garter at their solemnities, and to marshal the funerals of the nobility. (2) Clarencieux King...
Pay
Pay, means amount drawn monthly by a govern-ment servant as the pay which has been sanctioned for a post held by him substantially or in an officiating capacity, or to which he is entitled by reason due to his position in a cadre, Gangadhar Uppadhaya v. State of Uttar Pradesh, (1990) 1 UPLBEC 542.Means to pay money is to be distinguished from delivering property. It is a phraseology ordinarily used when speaking of the payment of a debt. To pay money is to pay it in respect of a right which some person has to receive it not to pay over any particular money or hand over in foreign coins, Miller, Ex parte Official Receiver (in re:), (1983) 1 QB 327....
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